[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 39 Reported in Senate (RS)]





                                                       Calendar No. 109

105th CONGRESS

  1st Session

                                 S. 39

_______________________________________________________________________

                                 A BILL

   To amend the Marine Mammal Protection Act of 1972 to support the 
  International Dolphin Conservation Program in the eastern tropical 
                 Pacific Ocean, and for other purposes.

_______________________________________________________________________

                             July 14, 1997

        Reported with an amendment in the nature of a substitute





                                                       Calendar No. 109
105th CONGRESS
  1st Session
                                 S. 39

   To amend the Marine Mammal Protection Act of 1972 to support the 
  International Dolphin Conservation Program in the eastern tropical 
                 Pacific Ocean, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 21, 1997

Mr. Stevens (for himself, Mr. Breaux, Mr. Thurmond, and Mr. Murkowski) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

                             July 14, 1997

Reported by Mr. McCain, with an amendment in the nature of a substitute
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
   To amend the Marine Mammal Protection Act of 1972 to support the 
  International Dolphin Conservation Program in the eastern tropical 
                 Pacific Ocean, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE; REFERENCES.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the 
``International Dolphin Conservation Program Act''.</DELETED>
<DELETED>    (b) References to Marine Mammal Protection Act.--Except as 
otherwise expressly provided, whenever in this Act an amendment or 
repeal is expressed in terms of an amendment to, or repeal of, a 
section or other provision, the reference shall be considered to be 
made to a section or other provision of the Marine Mammal Protection 
Act of 1972 (16 U.S.C. 1361 et seq.).</DELETED>

<DELETED>SEC. 2. PURPOSE AND FINDINGS.</DELETED>

<DELETED>    (a) Purposes.--The purposes of this Act are--</DELETED>
        <DELETED>    (1) to give effect to the Declaration of Panama, 
        signed October 4, 1995, by the Governments of Belize, Colombia, 
        Costa Rica, Ecuador, France, Honduras, Mexico, Panama, Spain, 
        the United States of America, Vanuatu, and Venezuela, including 
        the establishment of the International Dolphin Conservation 
        Program, relating to the protection of dolphins and other 
        species, and the conservation and management of tuna in the 
        eastern tropical Pacific Ocean;</DELETED>
        <DELETED>    (2) to recognize that nations fishing for tuna in 
        the eastern tropical Pacific Ocean have achieved significant 
        reductions in dolphin mortality associated with that fishery; 
        and</DELETED>
        <DELETED>    (3) to eliminate the ban on imports of tuna from 
        those nations that are in compliance with the International 
        Dolphin Conservation Program.</DELETED>
<DELETED>    (b) Findings.--The Congress finds that--</DELETED>
        <DELETED>    (1) the nations that fish for tuna in the eastern 
        tropical Pacific Ocean have achieved significant reductions in 
        dolphin mortality associated with the purse seine fishery from 
        hundreds of thousands annually to fewer than 5,000 
        annually;</DELETED>
        <DELETED>    (2) the provisions of the Marine Mammal Protection 
        Act of 1972 that impose a ban on imports from nations that fish 
        for tuna in the eastern tropical Pacific Ocean have served as 
        an incentive to reduce dolphin mortalities;</DELETED>
        <DELETED>    (3) tuna canners and processors of the United 
        States have led the canning and processing industry in 
        promoting a dolphin-safe tuna market; and</DELETED>
        <DELETED>    (4) 12 signatory nations to the Declaration of 
        Panama, including the United States, agreed under that 
        Declaration to require that the total annual dolphin mortality 
        in the purse seine fishery for yellowfin tuna in the eastern 
        tropical Pacific Ocean not exceed 5,000 animals, with a 
        commitment and objective to progressively reduce dolphin 
        mortality to a level approaching zero through the setting of 
        annual limits with the goal of eliminating dolphin 
        mortality.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    Section 3 (16 U.S.C. 1362) is amended by adding at the end 
the following new paragraphs:</DELETED>
        <DELETED>    ``(28) The term `International Dolphin 
        Conservation Program' means the international program 
        established by the agreement signed in LaJolla, California, in 
        June, 1992, as formalized, modified, and enhanced in accordance 
        with the Declaration of Panama, that requires--</DELETED>
                <DELETED>    ``(A) that the total annual dolphin 
                mortality in the purse seine fishery for yellow fin 
                tuna in the eastern tropical Pacific Ocean shall not 
                exceed 5,000 animals with a commitment and objective to 
                progressively reduce dolphin mortality to a level 
                approaching zero through the setting of annual 
                limits;</DELETED>
                <DELETED>    ``(B) the establishment of a per stock per 
                year dolphin mortality limit at a level between 0.2 
                percent and 0.1 percent of the minimum population 
                estimate to be in effect through calendar year 
                2000;</DELETED>
                <DELETED>    ``(C) the establishment of a per stock per 
                year dolphin mortality limit at a level less than or 
                equal to 0.1 percent of the minimum population estimate 
                beginning with the calendar year 2001;</DELETED>
                <DELETED>    ``(D) that if a dolphin mortality limit is 
                exceeded under--</DELETED>
                        <DELETED>    ``(i) subparagraph (A), all sets 
                        on dolphins shall cease for the applicable 
                        fishing year; and</DELETED>
                        <DELETED>    ``(ii) subparagraph (B) or (C), 
                        all sets on the stocks covered under 
                        subparagraph (B) or (C) and any mixed schools 
                        that contain any of those stocks shall cease 
                        for the applicable fishing year;</DELETED>
                <DELETED>    ``(E) a scientific review and assessment 
                to be conducted in calendar year 1998 to--</DELETED>
                        <DELETED>    ``(i) assess progress in meeting 
                        the objectives set for calendar year 2000 under 
                        subparagraph (B); and</DELETED>
                        <DELETED>    ``(ii) as appropriate, consider 
                        recommendations for meeting these 
                        objectives;</DELETED>
                <DELETED>    ``(F) a scientific review and assessment 
                to be conducted in calendar year 2000--</DELETED>
                        <DELETED>    ``(i) to review the stocks covered 
                        under subparagraph (C); and</DELETED>
                        <DELETED>    ``(ii) as appropriate to consider 
                        recommendations to further the objectives set 
                        under that subparagraph;</DELETED>
                <DELETED>    ``(G) the establishment of a per vessel 
                maximum annual dolphin mortality limit consistent with 
                the established per-year mortality limits, as 
                determined under subparagraphs (A) through (C); 
                and</DELETED>
                <DELETED>    ``(H) the provision of a system of 
                incentives to vessel captains to continue to reduce 
                dolphin mortality, with the goal of eliminating dolphin 
                mortality.</DELETED>
        <DELETED>    ``(29) The term `Declaration of Panama' means the 
        declaration signed in Panama City, Republic of Panama, on 
        October 4, 1995.''.</DELETED>

<DELETED>SEC. 4. AMENDMENTS TO TITLE I.</DELETED>

<DELETED>    (a) Section 101(a)(2) (16 U.S.C. 1371(a)(2)) is amended--
</DELETED>
        <DELETED>    (1) by inserting after the first sentence ``Such 
        authorizations may be granted under title III with respect to 
        purse seine fishing for yellowfin tuna in the eastern tropical 
        Pacific Ocean, subject to regulations prescribed under that 
        title by the Secretary without regard to section 103'' before 
        the period; and</DELETED>
        <DELETED>    (2) by striking the semicolon in the second 
        sentence and all that follows through 
        ``practicable''.</DELETED>
<DELETED>    (b) Section 101(a)(2) (16 U.S.C. 1371(a)(2)) is amended--
</DELETED>
        <DELETED>    (1) by striking subparagraph (B) and inserting the 
        following:</DELETED>
                <DELETED>    ``(B) in the case of yellowfin tuna 
                harvested with purse seine nets in the eastern tropical 
                Pacific Ocean, and products therefrom, to be exported 
                to the United States, shall require that the government 
                of the exporting nation provide documentary evidence 
                that--</DELETED>
                        <DELETED>    ``(i)(I) the tuna or products 
                        therefrom were not banned from importation 
                        under this paragraph before the effective date 
                        of the International Dolphin Conservation 
                        Program Act; or</DELETED>
                        <DELETED>    ``(II) the tuna or products 
                        therefrom were harvested after the effective 
                        date of the International Dolphin Conservation 
                        Program Act by vessels of a nation which 
                        participates in the International Dolphin 
                        Conservation Program, and such harvesting 
                        nation is either a member of the Inter-American 
                        Tropical Tuna Commission or has initiated (and 
                        within 6 months thereafter completed) all steps 
                        required of applicant nations, in accordance 
                        with article V, paragraph 3 of the Convention 
                        establishing the Inter-American Tropical Tuna 
                        Commission, to become a member of that 
                        organization;</DELETED>
                        <DELETED>    ``(ii) such nation is meeting the 
                        obligations of the International Dolphin 
                        Conservation Program and the obligations of 
                        membership in the Inter-American Tropical Tuna 
                        Commission, including all financial 
                        obligations; and</DELETED>
                        <DELETED>    ``(iii) the total dolphin 
                        mortality limits, and per stock per year 
                        dolphin mortality limits permitted for that 
                        nation's vessels under the International 
                        Dolphin Conservation Program do not exceed 
                        those levels determined for 1996, or in any 
                        year thereafter, consistent with a committment 
                        and objective to progressively reduce dolphin 
                        mortality to a level approaching zero through 
                        the setting of annual limits and the goal of 
                        eliminating dolphin mortality, and requirements 
                        of the International Dolphin Conservation 
                        Program; and''</DELETED>
        <DELETED>    (2) by redesignating subparagraphs (C), (D), and 
        (E) as subparagraphs (D), (E), and (F), respectively;</DELETED>
        <DELETED>    (3) by inserting after subparagraph (B) the 
        following:</DELETED>
                <DELETED>    ``(C) the Secretary shall not accept such 
                documentary evidence if--</DELETED>
                        <DELETED>    ``(i) the government of the 
                        harvesting nation does not provide directly or 
                        authorize the Inter-American Tropical Tuna 
                        Commission to release complete and accurate 
                        information to the Secretary in a timely manner 
                        to allow determination of compliance with the 
                        International Dolphin Conservation Program; 
                        or</DELETED>
                        <DELETED>    ``(ii) the government of the 
                        harvesting nation does not provide directly or 
                        authorize the Inter-American Tropical Tuna 
                        Commission to release complete and accurate 
                        information to the Secretary in a timely manner 
                        for the purposes of tracking and verifying 
                        compliance with the minimum requirements 
                        established by the Secretary in regulations 
                        promulgated under subsection (f) of the Dolphin 
                        Protection Consumer Information Act (16 U.S.C. 
                        1385(f)); or</DELETED>
                        <DELETED>    ``(iii) after taking into 
                        consideration this information, findings of the 
                        Inter-American Tropical Tuna Commission, and 
                        any other relevant information, including 
                        information that a nation is consistently 
                        failing to take enforcement actions on 
                        violations which diminish the effectiveness of 
                        the International Dolphin Conservation Program, 
                        the Secretary, in consultation with the 
                        Secretary of State, finds that the harvesting 
                        nation is not in compliance with the 
                        International Dolphin Conservation Program.''; 
                        and</DELETED>
        <DELETED>    (4) by striking ``subparagraph (E)'' in the matter 
        after subparagraph (F), as redesignated by paragraph (2) of 
        this subsection, and inserting ``subparagraph (F)''.</DELETED>
<DELETED>    (c) Section 101 (16 U.S.C. 1371) is amended by adding at 
the end the following new subsection:</DELETED>
<DELETED>    ``(d) Act Not to Apply to Incidental Takings by United 
States Citizens Employed on Foreign Vessels Outside the United States 
EEZ.--The provisions of this Act shall not apply to a citizen of the 
United States who incidentally takes any marine mammal during fishing 
operations outside the United States exclusive economic zone (as 
defined in section 3 of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1802) when employed on a foreign fishing 
vessel of a harvesting nation which is in compliance with the 
International Dolphin Conservation Program.''.</DELETED>
<DELETED>    (d) Section 104(h) (16 U.S.C. 1374(h)) is amended to read 
as follows:</DELETED>
<DELETED>    ``(h) General Permits.--</DELETED>
        <DELETED>    ``(1) Consistent with the regulations prescribed 
        pursuant to section 103 of this title and to the requirements 
        of section 101 of this title, the Secretary may issue an annual 
        permit to a United States purse seine fishing vessel for the 
        taking of such marine mammals, and shall issue regulations to 
        cover the use of any such annual permits.</DELETED>
        <DELETED>    ``(2) Such annual permits for the incidental 
        taking of marine mammals in the course of commercial purse 
        seine fishing for yellowfin tuna in the eastern tropical 
        Pacific Ocean shall be governed by section 304 of this Act, 
        subject to the regulations issued pursuant to section 302 of 
        this Act.''.</DELETED>
<DELETED>    (e) Section 108(a)(2) (16 U.S.C. 1378(a)(2)) is amended--
</DELETED>
        <DELETED>    (1) by striking ``and'' at the end of subparagraph 
        (A);</DELETED>
        <DELETED>    (2) by inserting after subparagraph (B) the 
        following:</DELETED>
                <DELETED>    ``(C) negotiations to revise the 
                Convention for the Establishment of an Inter-American 
                Tropical Tuna Commission (1 U.S.T. 230; TIAS 2044) 
                which will incorporate--</DELETED>
                        <DELETED>    ``(i) the conservation and 
                        management provisions agreed to by the nations 
                        which have signed the Declaration of Panama and 
                        in the Straddling Fish Stocks and Highly 
                        Migratory Fish Stocks Agreement, as opened for 
                        signature on December 4, 1995; and</DELETED>
                        <DELETED>    ``(ii) a revised schedule of 
                        annual contributions to the expenses of the 
                        Inter-American Tropical Tuna Commission that is 
                        equitable to participating nations; 
                        and</DELETED>
                <DELETED>    ``(D) discussions with those countries 
                participating, or likely to participate, in the 
                International Dolphin Conservation Program, for the 
                purpose of identifying sources of funds needed for 
                research and other measures promoting effective 
                protection of dolphins, other marine species, and the 
                marine ecosystem;''.</DELETED>
<DELETED>    (f) Section 110(a) (16 U.S.C. 1380(a)) is amended--
</DELETED>
        <DELETED>    (1) by striking ``(1)'' in paragraph (1); 
        and</DELETED>
        <DELETED>    (2) by striking paragraph (2).</DELETED>
<DELETED>    (g) Subsection (d)(1) of the Dolphin Protection Consumer 
Information Act (16 U.S.C. 1385(d)(1)) is amended to read as 
follows:</DELETED>
        <DELETED>    ``(1) It is a violation of section 5 of the 
        Federal Trade Commission Act for any producer, importer, 
        exporter, distributor, or seller of any tuna product that is 
        exported from or offered for sale in the United States to 
        include on the label of that product the term `Dolphin Safe' or 
        any other term or symbol that falsely claims or suggests that 
        the tuna contained in the product was harvested using a method 
        of fishing that is not harmful to dolphins if the product 
        contains--</DELETED>
                <DELETED>    ``(A) tuna harvested on the high seas by a 
                vessel engaged in driftnet fishing;</DELETED>
                <DELETED>    ``(B) tuna harvested in the eastern 
                tropical Pacific Ocean by a vessel using purse seine 
                nets which do not meet the requirements of being 
                considered dolphin safe under paragraph (2);</DELETED>
                <DELETED>    ``(C) tuna harvested outside the eastern 
                tropical Pacific Ocean by a vessel using purse seine 
                nets which do not meet the requirements for being 
                considered dolphin safe under paragraph (3); 
                or</DELETED>
                <DELETED>    ``(D) tuna harvested by a vessel engaged 
                in any fishery identified by the Secretary pursuant to 
                paragraph (4) as having a regular and significant 
                incidental mortality of marine animals.''.</DELETED>
<DELETED>    (h) Subsection (d)(2) of the Dolphin Protection Consumer 
Information Act (16 U.S.C. 1385(d)(2)) is amended to read as 
follows:</DELETED>
        <DELETED>    ``(2) For purposes of paragraph (1)(B), a tuna 
        product that contains tuna harvested in the eastern tropical 
        Pacific Ocean by a vessel using purse seine nets is dolphin 
        safe if--</DELETED>
                <DELETED>    ``(A) the vessel is of a type and size 
                that the Secretary has determined, consistent with the 
                International Dolphin Conservation Program, is not 
                capable of deploying its purse seine nets on or to 
                encircle dolphins; or</DELETED>
                <DELETED>    ``(B)(i) the product is accompanied by a 
                written statement executed by the captain of the vessel 
                which harvested the tuna certifying that no dolphins 
                were killed during the sets in which the tuna were 
                caught;</DELETED>
                <DELETED>    ``(ii) the product is accompanied by a 
                written statement executed by--</DELETED>
                        <DELETED>    ``(I) the Secretary or the 
                        Secretary's designee;</DELETED>
                        <DELETED>    ``(II) a representative of the 
                        Inter-American Tropical Tuna Commission; 
                        or</DELETED>
                        <DELETED>    ``(III) an authorized 
                        representative of a participating nation whose 
                        national program meets the requirements of the 
                        International Dolphin Conservation 
                        Program,</DELETED>
                <DELETED>which states that there was an observer 
                approved by the International Dolphin Conservation 
                Program on board the vessel during the entire trip and 
                that such observer documented that no dolphins were 
                killed during the sets in which the tuna in the tuna 
                product were caught; and</DELETED>
                <DELETED>    ``(iii) the statements referred to in 
                clauses (i) and (ii) are endorsed in writing by each 
                exporter, importer, and processor of the product; 
                and</DELETED>
                <DELETED>    ``(C) the written statements and 
                endorsements referred to in subparagraph (B) comply 
                with regulations promulgated by the Secretary which 
                would provide for the verification of tuna products as 
                dolphin safe.''.</DELETED>
<DELETED>    (i) Subsection (d) of the Dolphin Protection Consumer 
Information Act (16 U.S.C. 1385(d)) is amended further by adding the 
following new paragraphs:</DELETED>
        <DELETED>    ``(3) For purposes of paragraph (1)(C), tuna or a 
        tuna product that contains tuna harvested outside the eastern 
        tropical Pacific Ocean by a fishing vessel using purse seine 
        nets is dolphin safe if--</DELETED>
                <DELETED>    ``(A) it is accompanied by a written 
                statement executed by the captain of the vessel 
                certifying that no purse seine net was intentionally 
                deployed on or to encircle dolphins during the 
                particular voyage on which the tuna was harvested; 
                or</DELETED>
                <DELETED>    ``(B) in any fishing in which the 
                Secretary has determined that a regular and significant 
                association occurs between marine mammals and tuna, it 
                is accompanied by a written statement executed by the 
                captain of the vessel and an observer, certifying that 
                no purse seine net was intentionally deployed on or to 
                encircle marine mammals during the particular voyage on 
                which the tuna was harvested.</DELETED>
        <DELETED>    ``(4) For purposes of paragraph (1)(D), tuna or a 
        tuna product that contains tuna harvested in a fishery 
        identified by the Secretary as having a regular and significant 
        incidental mortality or serious injury of marine mannals is 
        dolphin safe if it is accompanied by a written statement 
        executed by the captain of the vessel and, where determined to 
        be practicable by the Secretary, an observer participating in a 
        national or international program acceptable to the Secretary 
        certifying that no marine mammals were killed in the course of 
        the fishing operation or operations in which the tuna were 
        caught.</DELETED>
        <DELETED>    ``(5) No tuna product may be labeled with any 
        reference to dolphins, porpoises, or marine mammals, except as 
        dolphin safe in accordance with this subsection.''.</DELETED>
<DELETED>    (j) Subsection (f) of the Dolphin Protection Consumer 
Information Act (16 U.S.C. 1385(f)) is amended to read as 
follows:</DELETED>
<DELETED>    ``(f) Regulations.--The Secretary, in consultation with 
the Secretary of the Treasury, shall issue regulations to implement 
this section not later than 3 months after the date of enactment of the 
International Dolphin Conservation Program Act. In the development of 
these regulations, the Secretary shall establish appropriate procedures 
for ensuring the confidentiality of proprietary information the 
submission of which is voluntary or mandatory. The regulations shall 
establish a domestic tracking and verification program that provides 
for the effective tracking of tuna labeled under subsection (d), 
including provisions that address each of the following 
items:</DELETED>
        <DELETED>    ``(1) the use of weight calculation for purposes 
        of tracking tuna caught, landed, processed, and 
        exported;</DELETED>
        <DELETED>    ``(2) additional measures to enhance current 
        observer coverage, including the establishment of criteria for 
        training, and for improving monitoring and reporting 
        capabilities and procedures;</DELETED>
        <DELETED>    ``(3) the designation of well location, procedures 
        for sealing holds, procedures for monitoring and certifying 
        both above and below deck, or through equally effective 
        methods, the tracking and verification of tuna labeled under 
        subsection (d);</DELETED>
        <DELETED>    ``(4) the reporting, receipt, and database storage 
        of radio and facsimile transmittals from fishing vessels 
        containing information related to the tracking and verification 
        of tuna, and the definition of set;</DELETED>
        <DELETED>    ``(5) the shore-based verification and tracking 
        throughout the fishing, transshipment, and canning process by 
        means of Inter-American Tropical Tuna Commission trip records 
        or otherwise;</DELETED>
        <DELETED>    ``(6) the use of periodic audits and spot checks 
        for caught, landed, and processed tuna products labeled in 
        accordance with subsection (d); and</DELETED>
        <DELETED>    ``(7) the provision of timely access to data 
        required under this subsection by the Secretary from harvesting 
        nations to undertake the actions required in paragraph (6) of 
        this subsection.</DELETED>
<DELETED>The Secretary may make such adjustments as may be appropriate 
to the regulations promulgated under this subsection to implement an 
international tracking and verification program that meets or exceeds 
the minimum requirements established by the Secretary under this 
subsection.''.</DELETED>

<DELETED>SEC. 5. AMENDMENTS TO TITLE III.</DELETED>

<DELETED>    (a) The heading of title III is amended to read as 
follows:</DELETED>

       <DELETED>``TITLE III--INTERNATIONAL DOLPHIN CONSERVATION 
                          PROGRAM''.</DELETED>

<DELETED>    (b) Section 301 (16 U.S.C. 1411) is amended--</DELETED>
        <DELETED>    (1) by striking paragraph (4) of subsection (a) 
        and inserting the following:</DELETED>
        <DELETED>    ``(4) Nations harvesting yellowfin tuna in the 
        eastern tropical Pacific Ocean have demonstrated their 
        willingness to participate in appropriate multilateral 
        agreements to reduce dolphin mortality progressively to a level 
        approaching zero through the setting of annual limits, with the 
        goal of eliminating, dolphin mortality in that fishery. 
        Recognition of the International Dolphin Conservation Program 
        will assure that the existing trend of reduced dolphin 
        mortality continues; that individual stocks of dolphins are 
        adequately protected; and that the goal of eliminating all 
        dolphin mortality continues to be a priority.''; and</DELETED>
        <DELETED>    (2) by striking paragraphs (2) and (3) of 
        subsection (b) and inserting the following:</DELETED>
        <DELETED>    ``(2) support the International Dolphin 
        Conservation Program and efforts within the Program to reduce, 
        with the goal of eliminating, the mortality referred to in 
        paragraph (1);</DELETED>
        <DELETED>    ``(3) ensure that the market of the United States 
        does not act as an incentive to the harvest of tuna caught with 
        driftnets or caught by purse seine vessels in the eastern 
        tropical Pacific Ocean not operating in compliance with the 
        International Dolphin Conservation Program;''.</DELETED>
<DELETED>    (c) Section 302 (16 U.S.C. 1412) is amended to read as 
follows:</DELETED>

<DELETED>``SEC. 302. AUTHORITY OF THE SECRETARY.</DELETED>

<DELETED>    ``(a) Regulations.--</DELETED>
        <DELETED>    ``(1) The Secretary shall issue regulations to 
        implement the International Dolphin Conservation 
        Program.</DELETED>
        <DELETED>    ``(2)(A) Not later than 3 months after the 
        effective date of the International Dolphin Conservation 
        Program Act, the Secretary shall issue regulations to authorize 
        and govern the taking of marine mammals in the eastern tropical 
        Pacific Ocean, including any species of marine mammal 
        designated as depleted under this Act but not listed as 
        endangered or threatened under the Endangered Species Act (16 
        U.S.C. 1531 et seq.), by vessels of the United States 
        participating in the International Dolphin Conservation 
        Program.</DELETED>
                <DELETED>    ``(B) Regulations issued under this 
                section shall include provisions--</DELETED>
                        <DELETED>    ``(i) requiring observers on each 
                        vessel;</DELETED>
                        <DELETED>    ``(ii) requiring use of the 
                        backdown procedure or other procedures equally 
                        or more effective in avoiding mortality of 
                        marine mammals in fishing operations;</DELETED>
                        <DELETED>    ``(iii) prohibiting intentional 
                        sets on stocks and schools in accordance with 
                        the International Dolphin Conservation 
                        Program;</DELETED>
                        <DELETED>    ``(iv) requiring the use of 
                        special equipment, including dolphin safety 
                        panels in nets, monitoring devices as 
                        identified by the International Dolphin 
                        Conservation Program to detect unsafe fishing 
                        conditions that may cause high incidental 
                        dolphin mortality before nets are deployed by a 
                        tuna vessel, operable rafts, speedboats with 
                        towing bridles, floodlights in operable 
                        condition, and diving masks and 
                        snorkels;</DELETED>
                        <DELETED>    ``(v) ensuring that the backdown 
                        procedure during sets of purse seine net on 
                        marine mammals is completed and rolling of the 
                        net to sack up has begun no later than 30 
                        minutes before sundown;</DELETED>
                        <DELETED>    ``(vi) banning the use of 
                        explosive devices in all purse seine 
                        operations;</DELETED>
                        <DELETED>    ``(vii) establishing per vessel 
                        maximum annual dolphin mortality limits, total 
                        dolphin mortality limits and per-stock per-year 
                        mortality limits in accordance with the 
                        International Dolphin Conservation 
                        Program;</DELETED>
                        <DELETED>    ``(viii) preventing the making of 
                        intentional sets on dolphins after reaching 
                        either the vessel maximum annual dolphin 
                        mortality limits, total dolphin mortality 
                        limits, or per-stock per-year mortality 
                        limits;</DELETED>
                        <DELETED>    ``(ix) preventing the fishing on 
                        dolphins by a vessel without an assigned vessel 
                        dolphin mortality limit;</DELETED>
                        <DELETED>    ``(x) allowing for the 
                        authorization and conduct of experimental 
                        fishing operations, under such terms and 
                        conditions as the Secretary may prescribe, for 
                        the purpose of testing proposed improvements in 
                        fishing techniques and equipment that may 
                        reduce or eliminate dolphin mortality or do not 
                        require the encirclement of dolphins in the 
                        course of commercial yellowfin tuna 
                        fishing;</DELETED>
                        <DELETED>    ``(xi) authorizing fishing with 
                        the area covered by the International Dolphin 
                        Conservation Program by vessels of the United 
                        States without the use of special equipment or 
                        nets if the vessel takes an observer and does 
                        not intentionally deploy nets on, or encircle, 
                        dolphins, under such terms and conditions as 
                        the Secretary may prescribe; and</DELETED>
                        <DELETED>    ``(xii) containing such other 
                        restrictions and requirements as the Secretary 
                        determines are necessary to implement the 
                        International Dolphin Conservation Program with 
                        respect to vessels of the United 
                        States.</DELETED>
                <DELETED>    ``(C) Adjustments to requirements.--The 
                Secretary may make such adjustments as may be 
                appropriate to requirements of subparagraph (B) that 
                pertain to fishing gear, vessel equipment, and fishing 
                practices to the extent the adjustments are consistent 
                with the International Dolphin Conservation 
                Program.</DELETED>
<DELETED>    ``(b) Consultation.--In developing any regulation under 
this section, the Secretary shall consult with the Secretary of State, 
the Marine Mammal Commission and the United States Commissioners to the 
Inter-American Tropical Tuna Commission appointed under section 3 of 
the Tuna Conventions Act of 1950 (16 U.S.C. 952).</DELETED>
<DELETED>    ``(c) Emergency Regulations.--</DELETED>
        <DELETED>    ``(1) If the Secretary determines, on the basis of 
        the best scientific information available (including that 
        obtained under the International Dolphin Conservation Program) 
        that the incidental mortality and serious injury of marine 
        mammals authorized under this title is having, or is likely to 
        have, a significant adverse effect on a marine mammal stock or 
        species, the Secretary shall--</DELETED>
                <DELETED>    ``(A) notify the Inter-American Tropical 
                Tuna Commission of his or her findings, along with 
                recommendations to the Commission as to actions 
                necessary to reduce incidental mortality and serious 
                injury and mitigate such adverse impact; and</DELETED>
                <DELETED>    ``(B) prescribe emergency regulations to 
                reduce incidental mortality and serious injury and 
                mitigate such adverse impact.</DELETED>
        <DELETED>    ``(2) Before taking action under subparagraph (A) 
        or (B) of paragraph (1), the Secretary shall consult with the 
        Secretary of State, the Marine Mammal Commission, and the 
        United States Commissioners to the Inter-American Tropical Tuna 
        Commission.</DELETED>
        <DELETED>    ``(3) Emergency regulations prescribed under this 
        subsection--</DELETED>
                <DELETED>    ``(A) shall be published in the Federal 
                Register, together with an explanation 
                thereof;</DELETED>
                <DELETED>    ``(B) shall remain in effect for the 
                duration of the applicable fishing year; and</DELETED>
                <DELETED>    ``(C) may be terminated by the Secretary 
                at an earlier date by publication in the Federal 
                Register of a notice of termination if the Secretary 
                determines that the reasons for the emergency action no 
                longer exist.</DELETED>
        <DELETED>    ``(4) If the Secretary finds that the incidental 
        mortality and serious injury of marine mammals in the yellowfin 
        tuna fishery in the eastern tropical Pacific Ocean is 
        continuing to have a significant adverse impact on a stock or 
        species, the Secretary may extend the emergency regulations for 
        such additional periods as may be necessary.</DELETED>
<DELETED>    ``(d) Research.--The Secretary shall, in cooperation with 
the nations participating in the International Dolphin Conservation 
Program and with the Inter-American Tropical Tuna Commission, undertake 
or support appropriate scientific research to further the goals of the 
International Dolphin Conservation Program. Such research may include--
</DELETED>
        <DELETED>    ``(1) devising cost-effective fishing methods and 
        gear so as to reduce, with the goal of eliminating, the 
        incidental mortality and serious injury of marine mammals in 
        connection with commercial purse seine fishing in the eastern 
        tropical Pacific Ocean;</DELETED>
        <DELETED>    ``(2) developing cost-effective methods of fishing 
        for mature yellowfin tuna without setting nets on dolphins or 
        other marine mammals;</DELETED>
        <DELETED>    ``(3) carrying out stock assessments for those 
        marine mammal species and marine mammal stocks taken in the 
        purse seine fishery for yellowfin tuna in the eastern tropical 
        Pacific Ocean, including species or stocks not within waters 
        under the jurisdiction of the United States;</DELETED>
        <DELETED>    ``(4) studying the effect of chase and 
        encirclement on the health and biology of dolphin and dolphin 
        populations incidentally taken in the course of purse seine 
        fishing for yellowfin tuna in the eastern tropical Pacific 
        Ocean; and</DELETED>
        <DELETED>    ``(5) determining the extent to which the 
        incidental take of nontarget species, including juvenile tuna, 
        occurs in the course of purse seine fishing for yellowfin tuna 
        in the eastern tropical Pacific Ocean, the geographic location 
        of the incidental take, and the impact of that incidental take 
        on tuna stocks, and nontarget species.</DELETED>
<DELETED>There are authorized to be appropriated to the Secretary 
$1,000,000 to be used by the Secretary, acting through the National 
Marine Fisheries Service, to carry out paragraph (4). Upon completion 
of the study required by that paragraph, the Secretary shall submit a 
report containing the results of the study and any recommendations the 
Secretary may have to offer on the basis of the study to the Committee 
on Commerce, Science, and Transportation of the Senate and the 
Committee on Commerce of the House of Representatives, and to the 
Inter-American Tropical Tuna Commission. The Secretary shall include a 
description of the annual results of research carried out under this 
subsection in the report required under section 303.''.</DELETED>
<DELETED>    (d) Section 303 (16 U.S.C. 1413) is hereby 
repealed.</DELETED>
<DELETED>    (e) Section 304 (16 U.S.C. 1414) is amended to read as 
follows:</DELETED>

<DELETED>``SEC. 303. REPORTS BY THE SECRETARY.</DELETED>

<DELETED>    ``Notwithstanding section 103(f), the Secretary shall 
submit annualreports to the Congress which include--</DELETED>
        <DELETED>    ``(1) results of research conducted pursuant to 
        section 302;</DELETED>
        <DELETED>    ``(2) a description of the status and trends of 
        stocks of tuna;</DELETED>
        <DELETED>    ``(3) a description of the efforts to assess, 
        avoid, reduce, and minimize the bycatch of juvenile yellowfin 
        tuna and bycatch of nontarget species;</DELETED>
        <DELETED>    ``(4) a description of the activities of the 
        International Dolphin Conservation Program and of the efforts 
        of the United States in support of the Program's goals and 
        objectives, including the protection of dolphin populations in 
        the eastern tropical Pacific Ocean, and an assessment of the 
        effectiveness of the Program;</DELETED>
        <DELETED>    ``(5) actions taken by the Secretary under section 
        101(a)(2)(B) and section 101(d);</DELETED>
        <DELETED>    ``(6) copies of any relevant resolutions and 
        decisions of the Inter-American Tropical Tuna Commission, and 
        any regulations promulgated by the Secretary under this title; 
        and</DELETED>
        <DELETED>    ``(7) any other information deemed relevant by the 
        Secretary.''.</DELETED>
<DELETED>    (f) Section 305 (16 U.S.C. 1415) is hereby 
repealed.</DELETED>
<DELETED>    (g) Section 306 (16 U.S.C. 1416) is amended to read as 
follows:</DELETED>

<DELETED>``SEC. 304. PERMITS.</DELETED>

<DELETED>    ``(a) In General.--</DELETED>
        <DELETED>    ``(1) Consistent with the regulations issued 
        pursuant to section 302, the Secretary shall issue a permit to 
        a vessel of the United States authorizing participation in the 
        International Dolphin Conservation Program and may require a 
        permit for the person actually in charge of and controlling the 
        fishing operation of the vessel. The Secretary shall prescribe 
        such procedures as are necessary to carry out this subsection, 
        including requiring the submission of--</DELETED>
                <DELETED>    ``(A) the name and official number or 
                other identification of each fishing vessel for which a 
                permit is sought, together with the name and address of 
                the owner thereof; and</DELETED>
                <DELETED>    ``(B) the tonnage, hold capacity, speed, 
                processing equipment, and type and quantity of gear, 
                including an inventory of special equipment required 
                under section 302, with respect to each 
                vessel.</DELETED>
        <DELETED>    ``(2) The Secretary is authorized to charge a fee 
        for granting an authorization and issuing a permit under this 
        section. The level of fees charged under this paragraph may not 
        exceed the administrative cost incurred in granting an 
        authorization and issuing a permit. Fees collected under this 
        paragraph shall be available to the Under Secretary of Commerce 
        for Oceans and Atmosphere for expenses incurred in granting 
        authorizations and issuing permits under this 
        section.</DELETED>
        <DELETED>    ``(3) After the effective date of the 
        International Dolphin Conservation Program Act, no vessel of 
        the United States shall operate in the yellowfin tuna fishery 
        in the eastern tropical Pacific Ocean without a valid permit 
        issued under this section.</DELETED>
<DELETED>    ``(b) Permit Sanctions.--</DELETED>
        <DELETED>    ``(1) In any case in which--</DELETED>
                <DELETED>    ``(A) a vessel for which a permit has been 
                issued under this section has been used in the 
                commission of an act prohibited under section 
                305;</DELETED>
                <DELETED>    ``(B) the owner or operator of any such 
                vessel or any other person who has applied for or been 
                issued a permit under this section has acted in 
                violation of section 305; or</DELETED>
                <DELETED>    ``(C) any civil penalty or criminal fine 
                imposed on a vessel, owner or operator of a vessel, or 
                other person who has applied for or been issued a 
                permit under this section has not been paid or is 
                overdue,</DELETED>
        <DELETED>the Secretary may--</DELETED>
                        <DELETED>    ``(i) revoke any permit with 
                        respect to such vessel, with or without 
                        prejudice to the issuance of subsequent 
                        permits;</DELETED>
                        <DELETED>    ``(ii) suspend such permit for a 
                        period of time considered by the Secretary to 
                        be appropriate;</DELETED>
                        <DELETED>    ``(iii) deny such permit; 
                        or</DELETED>
                        <DELETED>    ``(iv) impose additional 
                        conditions or restrictions on any permit issued 
                        to, or applied for by, any such vessel or 
                        person under this section.</DELETED>
        <DELETED>    ``(2) In imposing a sanction under this 
        subsection, the Secretary shall take into account--</DELETED>
                <DELETED>    ``(A) the nature, circumstances, extent, 
                and gravity of the prohibited acts for which the 
                sanction is imposed; and</DELETED>
                <DELETED>    ``(B) with respect to the violator, the 
                degree of culpability, any history of prior offenses, 
                and other such matters as justice requires.</DELETED>
        <DELETED>    ``(3) Transfer of ownership of a vessel, by sale 
        or otherwise, shall not extinguish any permit sanction that is 
        in effect or is pending at the time of transfer of ownership. 
        Before executing the transfer of ownership of a vessel, by sale 
        or otherwise, the owner shall disclose in writing to the 
        prospective transferee the existence of any permit sanction 
        that will be in effect or pending with respect to the vessel at 
        the time of transfer.</DELETED>
        <DELETED>    ``(4) In the case of any permit that is suspended 
        for the failure to pay a civil penalty or criminal fine, the 
        Secretary shall reinstate the permit upon payment of the 
        penalty or fine and interest thereon at the prevailing 
        rate.</DELETED>
        <DELETED>    ``(5) No sanctions shall be imposed under this 
        section unless there has been a prior opportunity for a hearing 
        on the facts underlying the violation for which the sanction is 
        imposed, either in conjunction with a civil penalty proceeding 
        under this title or otherwise.''.</DELETED>
<DELETED>    (h) Section 307 (16 U.S.C. 1417) is hereby redesignated as 
section 305, and amended--</DELETED>
        <DELETED>    (1) by striking paragraphs (1), (2), and (3) of 
        subsection (a) and inserting the following:</DELETED>
        <DELETED>    ``(1) for any person to sell, purchase, offer for 
        sale, transport, or ship, in the United States, any tuna or 
        tuna product unless the tuna or tuna product is either dolphin 
        safe or has been harvested in compliance with the International 
        Dolphin Conservation Program by a country that is a member of 
        the Inter-American Tropical Tuna Commission or has initiated 
        and within 6 months thereafter completed all steps required of 
        applicant nations in accordance with Article V, paragraph 3 of 
        the Convention establishing the Inter-American Tropical Tuna 
        Commission, to become a member of that organization;</DELETED>
                <DELETED>    (B) by striking paragraph (2) and 
                inserting in lieu thereof the following:</DELETED>
        <DELETED>    ``(2) except as provided for in subsection 101(d), 
        for any person or vessel subject to the jurisdiction of the 
        United States intentionally to set a purse seine net on or to 
        encircle any marine mammal in the course of tuna fishing 
        operations in the eastern tropical Pacific Ocean except in 
        accordance with this title and regulations issued under 
        pursuant to this title; and</DELETED>
        <DELETED>    ``(3) for any person to import any yellowfin tuna 
        or yellowfin tuna product or any other fish or fish product in 
        violation of a ban on importation imposed under section 
        101(a)(2);'';</DELETED>
        <DELETED>    (2) by inserting ``(a)(5) or'' before ``(a)(6)'' 
        in subsection (b)(2); and</DELETED>
        <DELETED>    (3) by striking subsection (d).</DELETED>
<DELETED>    (i) Section 308 (16 U.S.C. 1418) is redesignated as 
section 306, and amended by striking ``303'' and inserting in lieu 
thereof ``302(d)''.</DELETED>
<DELETED>    (j) Clerical Amendments.--The table of contents in the 
first section of the Marine Mammal Protection Act of 1972 is amended by 
striking the items relating to title III and inserting in lieu thereof 
the following:</DELETED>

    <DELETED>``TITLE III--INTERNATIONAL DOLPHIN CONSERVATION PROGRAM

<DELETED>``Sec. 301. Findings and policy.
<DELETED>``Sec. 302. Authority of the Secretary.
<DELETED>``Sec. 303. Reports by the Secretary.
<DELETED>``Sec. 304. Permits.
<DELETED>``Sec. 305. Prohibitions.
<DELETED>``Sec. 306. Authorization of appropriations.''.

<DELETED>SEC. 6. AMENDMENTS TO THE TUNA CONVENTIONS ACT.</DELETED>

<DELETED>    (a) Section 3(c) of the Tuna Conventions Act (16 U.S.C. 
952(c)) is amended to read as follows:</DELETED>
<DELETED>    ``(c) at least one shall be either the Administrator, or 
an appropriate officer, of the National Marine Fisheries Service; 
and''.</DELETED>
<DELETED>    (b) Section 4 of the Tuna Conventions Act (16 U.S.C. 953) 
is amended to read as follows:</DELETED>

<DELETED>``SEC. 4. GENERAL ADVISORY COMMITTEE AND SCIENTIFIC ADVISORY 
              SUBCOMMITTEE.</DELETED>

<DELETED>    ``(a) Appointments; Public Participation; Compensation.--
The Secretary, in consultation with the United States Commissioners, 
shall--</DELETED>
        <DELETED>    ``(1) appoint a General Advisory Committee which 
        shall be composed of not less than 5 nor more than 15 persons 
        with balanced representation from the various groups 
        participating in the fisheries included under the conventions, 
        and from nongovernmental conservation organizations;</DELETED>
        <DELETED>    ``(2) appoint a Scientific Advisory Subcommittee 
        which shall be composed of not less than 5 nor more than 15 
        qualified scientists with balanced representation from the 
        public and private sectors, including nongovernmental 
        conservation organizations;</DELETED>
        <DELETED>    ``(3) establish procedures to provide for 
        appropriate public participation and public meetings and to 
        provide for the confidentiality of confidential business data; 
        and</DELETED>
        <DELETED>    ``(4) fix the terms of office of the members of 
        the General Advisory Committee and Scientific Advisory 
        Subcommittee, who shall receive no compensation for their 
        services as such members.</DELETED>
<DELETED>    ``(b) Functions.--</DELETED>
        <DELETED>    ``(1) General advisory committee.--The General 
        Advisory Committee shall be invited to have representatives 
        attend all nonexecutive meetings of the United States sections 
        and shall be given full opportunity to examine and to be heard 
        on all proposed programs of investigations, reports, 
        recommendations, and regulations of the Commission. The General 
        Advisory Committee may attend all meetings of the international 
        commissions to which they are invited by such 
        commissions.</DELETED>
        <DELETED>    ``(2) Scientific Advisory Subcommittee.--
        </DELETED>
                <DELETED>    ``(A) Advice.--The Scientific Advisory 
                Subcommittee shall advise the General Advisory 
                Committee and the Commissioners on matters including--
                </DELETED>
                        <DELETED>    ``(i) the conservation of 
                        ecosystems;</DELETED>
                        <DELETED>    ``(ii) the sustainable uses of 
                        living marine resources related to the tuna 
                        fishery in the eastern Pacific Ocean; 
                        and</DELETED>
                        <DELETED>    ``(iii) the long-term conservation 
                        and management of stocks of living marine 
                        resources in the eastern tropical Pacific 
                        Ocean.</DELETED>
                <DELETED>    ``(B) Other functions and assistance.--The 
                Scientific Advisory Subcommittee shall, as requested by 
                the General Advisory Committee, the United States 
                Commissioners, or the Secretary, perform functions and 
                provide assistance required by formal agreements 
                entered into by the United States for this fishery, 
                including the International Dolphin Conservation 
                Program. These functions may include--</DELETED>
                        <DELETED>    ``(i) the review of data from the 
                        Program, including data received from the 
                        Inter-American Tropical Tuna 
                        Commission;</DELETED>
                        <DELETED>    ``(ii) recommendations on research 
                        needs, including ecosystems, fishing practices, 
                        and gear technology research, including the 
                        development and use of selective, 
                        environmentally safe and cost-effective fishing 
                        gear, and on the coordination and facilitation 
                        of such research;</DELETED>
                        <DELETED>    ``(iii) recommendations concerning 
                        scientific reviews and assessments required 
                        under the Program and engaging, as appropriate, 
                        in such reviews and assessments;</DELETED>
                        <DELETED>    ``(iv) consulting with other 
                        experts as needed; and</DELETED>
                        <DELETED>    ``(v) recommending measures to 
                        assure the regular and timely full exchange of 
                        data among the parties to the Program and each 
                        nation's National Scientific Advisory Committee 
                        (or its equivalent).</DELETED>
        <DELETED>    ``(3) Attendance at meetings.--The Scientific 
        Advisory Subcommittee shall be invited to have representatives 
        attend all nonexecutive meetings of the United States sections 
        and the General Advisory Subcommittee and shall be given full 
        opportunity to examine and to be heard on all proposed programs 
        of scientific investigation, scientific reports, and scientific 
        recommendations of the commission. Representatives of the 
        Scientific Advisory Subcommittee may attend meetings of the 
        Inter-American Tropical Tuna Commission in accordance with the 
        rules of such Commission.''.</DELETED>

<DELETED>SEC. 7. EFFECTIVE DATE.</DELETED>

<DELETED>    Sections 3 through 6 of this Act shall become effective 
upon certification by the Secretary of State to Congress that a binding 
resolution of the Inter-American Tropical Tuna Commission or other 
legally binding instrument establishing the International Dolphin 
Conservation Program has been adopted and is in effect.</DELETED>

SECTION 1. SHORT TITLE; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``International 
Dolphin Conservation Program Act''.
    (b) References to Marine Mammal Protection Act.--Except as 
otherwise expressly provided, whenever in this Act an amendment or 
repeal is expressed in terms of an amendment to, or repeal of, a 
section or other provision, the reference shall be considered to be 
made to a section or other provision of the Marine Mammal Protection 
Act of 1972 (16 U.S.C. 1361 et seq.).

SEC. 2. PURPOSE AND FINDINGS.

    (a) Purposes.--The purposes of this Act are--
            (1) to give effect to the Declaration of Panama, signed 
        October 4, 1995, by the Governments of Belize, Colombia, Costa 
        Rica, Ecuador, France, Honduras, Mexico, Panama, Spain, the 
        United States of America, Vanuatu, and Venezuela, including the 
        establishment of the International Dolphin Conservation 
        Program, relating to the protection of dolphins and other 
        species, and the conservation and management of tuna in the 
        eastern tropical Pacific Ocean;
            (2) to recognize that nations fishing for tuna in the 
        eastern tropical Pacific Ocean have achieved significant 
        reductions in dolphin mortality associated with that fishery; 
        and
            (3) to eliminate the ban on imports of tuna from those 
        nations that are in compliance with the International Dolphin 
        Conservation Program.
    (b) Findings.--The Congress finds that--
            (1) the nations that fish for tuna in the eastern tropical 
        Pacific Ocean have achieved significant reductions in dolphin 
        mortality associated with the purse seine fishery from hundreds 
        of thousands annually to fewer than 5,000 annually;
            (2) the provisions of the Marine Mammal Protection Act of 
        1972 that impose a ban on imports from nations that fish for 
        tuna in the eastern tropical Pacific Ocean have served as an 
        incentive to reduce dolphin mortalities;
            (3) tuna canners and processors of the United States have 
        led the canning and processing industry in promoting a dolphin-
        safe tuna market; and
            (4) 12 signatory nations to the Declaration of Panama, 
        including the United States, agreed under that Declaration to 
        require that the total annual dolphin mortality in the purse 
        seine fishery for yellowfin tuna in the eastern tropical 
        Pacific Ocean not exceed 5,000 animals, with a commitment and 
        objective to progressively reduce dolphin mortality to a level 
        approaching zero through the setting of annual limits with the 
        goal of eliminating dolphin mortality.

SEC. 3. DEFINITIONS.

    Section 3 (16 U.S.C. 1362) is amended by adding at the end the 
following new paragraphs:
            ``(28) The term `International Dolphin Conservation 
        Program' means the international program established by the 
        agreement signed in LaJolla, California, in June, 1992, as 
        formalized, modified, and enhanced in accordance with the 
        Declaration of Panama, that requires--
                    ``(A) that the total annual dolphin mortality in 
                the purse seine fishery for yellow fin tuna in the 
                eastern tropical Pacific Ocean shall not exceed 5,000 
                animals with a commitment and objective to 
                progressively reduce dolphin mortality to a level 
                approaching zero through the setting of annual limits;
                    ``(B) the establishment of a per stock per year 
                dolphin mortality limit at a level between 0.2 percent 
                and 0.1 percent of the minimum population estimate to 
                be in effect through calendar year 2000;
                    ``(C) the establishment of a per stock per year 
                dolphin mortality limit at a level less than or equal 
                to 0.1 percent of the minimum population estimate 
                beginning with the calendar year 2001;
                    ``(D) that if a dolphin mortality limit is exceeded 
                under--
                            ``(i) subparagraph (A), all sets on 
                        dolphins shall cease for the applicable fishing 
                        year; and
                            ``(ii) subparagraph (B) or (C), all sets on 
                        the stocks covered under subparagraph (B) or 
                        (C) and any mixed schools that contain any of 
                        those stocks shall cease for the applicable 
                        fishing year;
                    ``(E) a scientific review and assessment to be 
                conducted in calendar year 1998 to--
                            ``(i) assess progress in meeting the 
                        objectives set for calendar year 2000 under 
                        subparagraph (B); and
                            ``(ii) as appropriate, consider 
                        recommendations for meeting these objectives;
                    ``(F) a scientific review and assessment to be 
                conducted in calendar year 2000--
                            ``(i) to review the stocks covered under 
                        subparagraph (C); and
                            ``(ii) as appropriate to consider 
                        recommendations to further the objectives set 
                        under that subparagraph;
                    ``(G) the establishment of a per vessel maximum 
                annual dolphin mortality limit consistent with the 
                established per-year mortality limits, as determined 
                under subparagraphs (A) through (C); and
                    ``(H) the provision of a system of incentives to 
                vessel captains to continue to reduce dolphin 
                mortality, with the goal of eliminating dolphin 
                mortality.
            ``(29) The term `Declaration of Panama' means the 
        declaration signed in Panama City, Republic of Panama, on 
        October 4, 1995.''.

SEC. 4. AMENDMENTS TO TITLE I.

    (a) Section 101(a)(2) (16 U.S.C. 1371(a)(2)) is amended--
            (1) by inserting after the first sentence ``Such 
        authorizations may be granted under title III with respect to 
        purse seine fishing for yellowfin tuna in the eastern tropical 
        Pacific Ocean, subject to regulations prescribed under that 
        title by the Secretary without regard to section 103'' before 
        the period; and
            (2) by striking the semicolon in the second sentence and 
        all that follows through ``practicable''.
    (b) Section 101(a)(2) (16 U.S.C. 1371(a)(2)) is amended--
            (1) by striking subparagraph (B) and inserting the 
        following:
                    ``(B) in the case of yellowfin tuna harvested with 
                purse seine nets in the eastern tropical Pacific Ocean, 
                and products therefrom, to be exported to the United 
                States, shall require that the government of the 
                exporting nation provide documentary evidence that--
                            ``(i)(I) the tuna or products therefrom 
                        were not banned from importation under this 
                        paragraph before the effective date of the 
                        International Dolphin Conservation Program Act; 
                        or
                            ``(II) the tuna or products therefrom were 
                        harvested after the effective date of the 
                        International Dolphin Conservation Program Act 
                        by vessels of a nation which participates in 
                        the International Dolphin Conservation Program, 
                        and such harvesting nation is either a member 
                        of the Inter-American Tropical Tuna Commission 
                        or has initiated (and within 6 months 
                        thereafter completed) all steps required of 
                        applicant nations, in accordance with article 
                        V, paragraph 3 of the Convention establishing 
                        the Inter-American Tropical Tuna Commission, to 
                        become a member of that organization;
                            ``(ii) such nation is meeting the 
                        obligations of the International Dolphin 
                        Conservation Program and the obligations of 
                        membership in the Inter-American Tropical Tuna 
                        Commission, including all financial 
                        obligations; and
                            ``(iii) the total dolphin mortality limits, 
                        and per stock per year dolphin mortality limits 
                        permitted for that nation's vessels under the 
                        International Dolphin Conservation Program do 
                        not exceed those levels determined for 1996, or 
                        in any year thereafter, consistent with a 
                        commitment and objective to progressively 
                        reduce dolphin mortality to a level approaching 
                        zero through the setting of annual limits and 
                        the goal of eliminating dolphin mortality, and 
                        requirements of the International Dolphin 
                        Conservation Program; and''
            (2) by redesignating subparagraphs (C), (D), and (E) as 
        subparagraphs (D), (E), and (F), respectively;
            (3) by inserting after subparagraph (B) the following:
                    ``(C) the Secretary shall not accept such 
                documentary evidence if--
                            ``(i) the government of the harvesting 
                        nation does not provide directly or authorize 
                        the Inter-American Tropical Tuna Commission to 
                        release complete and accurate information to 
                        the Secretary in a timely manner to allow 
                        determination of compliance with the 
                        International Dolphin Conservation Program; or
                            ``(ii) the government of the harvesting 
                        nation does not provide directly or authorize 
                        the Inter-American Tropical Tuna Commission to 
                        release complete and accurate information to 
                        the Secretary in a timely manner for the 
                        purposes of tracking and verifying compliance 
                        with the minimum requirements established by 
                        the Secretary in regulations promulgated under 
subsection (f) of the Dolphin Protection Consumer Information Act (16 
U.S.C. 1385(f)); or
                            ``(iii) after taking into consideration 
                        this information, findings of the Inter-
                        American Tropical Tuna Commission, and any 
                        other relevant information, including 
                        information that a nation is consistently 
                        failing to take enforcement actions on 
                        violations which diminish the effectiveness of 
                        the International Dolphin Conservation Program, 
                        the Secretary, in consultation with the 
                        Secretary of State, finds that the harvesting 
                        nation is not in compliance with the 
                        International Dolphin Conservation Program.''; 
                        and
            (4) by striking ``subparagraph (E)'' in the matter after 
        subparagraph (F), as redesignated by paragraph (2) of this 
        subsection, and inserting ``subparagraph (F)''.
    (c) Section 101 (16 U.S.C. 1371) is amended by adding at the end 
the following new subsection:
    ``(d) Act Not to Apply to Incidental Takings by United States 
Citizens Employed on Foreign Vessels Outside the United States EEZ.--
The provisions of this Act shall not apply to a citizen of the United 
States who incidentally takes any marine mammal during fishing 
operations outside the United States exclusive economic zone (as 
defined in section 3 of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1802) when employed on a foreign fishing 
vessel of a harvesting nation which is in compliance with the 
International Dolphin Conservation Program.''.
    (d) Section 104(h) (16 U.S.C. 1374(h)) is amended to read as 
follows:
    ``(h) General Permits.--
            ``(1) Consistent with the regulations prescribed pursuant 
        to section 103 of this title and to the requirements of section 
        101 of this title, the Secretary may issue an annual permit to 
        a United States purse seine fishing vessel for the taking of 
        such marine mammals, and shall issue regulations to cover the 
        use of any such annual permits.
            ``(2) Such annual permits for the incidental taking of 
        marine mammals in the course of commercial purse seine fishing 
        for yellowfin tuna in the eastern tropical Pacific Ocean shall 
        be governed by section 304 of this Act, subject to the 
        regulations issued pursuant to section 302 of this Act.''.
    (e) Section 108(a)(2) (16 U.S.C. 1378(a)(2)) is amended--
            (1) by striking ``and'' at the end of subparagraph (A);
            (2) by inserting after subparagraph (B) the following:
                    ``(C) negotiations to revise the Convention for the 
                Establishment of an Inter-American Tropical Tuna 
                Commission (1 U.S.T. 230; TIAS 2044) which will 
                incorporate--
                            ``(i) the conservation and management 
                        provisions agreed to by the nations which have 
                        signed the Declaration of Panama and in the 
                        Straddling Fish Stocks and Highly Migratory 
                        Fish Stocks Agreement, as opened for signature 
                        on December 4, 1995; and
                            ``(ii) a revised schedule of annual 
                        contributions to the expenses of the Inter-
                        American Tropical Tuna Commission that is 
                        equitable to participating nations; and
                    ``(D) discussions with those countries 
                participating, or likely to participate, in the 
                International Dolphin Conservation Program, for the 
                purpose of identifying sources of funds needed for 
                research and other measures promoting effective 
                protection of dolphins, other marine species, and the 
                marine ecosystem;''.
    (f) Section 110(a) (16 U.S.C. 1380(a)) is amended--
            (1) by striking ``(1)'' in paragraph (1); and
            (2) by striking paragraph (2).
    (g) Subsection (d)(1) of the Dolphin Protection Consumer 
Information Act (16 U.S.C. 1385(d)(1)) is amended to read as follows:
            ``(1) It is a violation of section 5 of the Federal Trade 
        Commission Act for any producer, importer, exporter, 
        distributor, or seller of any tuna product that is exported 
        from or offered for sale in the United States to include on the 
        label of that product the term 'Dolphin Safe' or any other term 
        or symbol that falsely claims or suggests that the tuna 
        contained in the product was harvested using a method of 
        fishing that is not harmful to dolphins if the product 
        contains--
                    ``(A) tuna harvested on the high seas by a vessel 
                engaged in driftnet fishing;
                    ``(B) tuna harvested in the eastern tropical 
                Pacific Ocean by a vessel using purse seine nets which 
do not meet the requirements of being considered dolphin safe under 
paragraph (2);
                    ``(C) tuna harvested outside the eastern tropical 
                Pacific Ocean by a vessel using purse seine nets which 
                do not meet the requirements for being considered 
                dolphin safe under paragraph (3); or
                    ``(D) tuna harvested by a vessel engaged in any 
                fishery identified by the Secretary pursuant to 
                paragraph (4) as having a regular and significant 
                incidental mortality of marine animals.''.
    (h) Subsection (d)(2) of the Dolphin Protection Consumer 
Information Act (16 U.S.C. 1385(d)(2)) is amended to read as follows:
            ``(2) For purposes of paragraph (1)(B), a tuna product that 
        contains tuna harvested in the eastern tropical Pacific Ocean 
        by a vessel using purse seine nets is dolphin safe if--
                    ``(A) the vessel is of a type and size that the 
                Secretary has determined, consistent with the 
                International Dolphin Conservation Program, is not 
                capable of deploying its purse seine nets on or to 
                encircle dolphins; or
                    ``(B)(i) the product is accompanied by a written 
                statement executed by the captain of the vessel which 
                harvested the tuna certifying that no dolphins were 
                killed or seriously injured during the sets in which 
                the tuna were caught;
                    ``(ii) the product is accompanied by a written 
                statement executed by--
                            ``(I) the Secretary or the Secretary's 
                        designee;
                            ``(II) a representative of the Inter-
                        American Tropical Tuna Commission; or
                            ``(III) an authorized representative of a 
                        participating nation whose national program 
                        meets the requirements of the International 
                        Dolphin Conservation Program,
                which states that there was an observer approved by the 
                International Dolphin Conservation Program on board the 
                vessel during the entire trip and that such observer 
                documented that no dolphins were killed or seriously 
                injured during the sets in which the tuna in the tuna 
                product were caught; and
                    ``(iii) the statements referred to in clauses (i) 
                and (ii) are endorsed in writing by each exporter, 
                importer, and processor of the product; and
                    ``(C) the written statements and endorsements 
                referred to in subparagraph (B) comply with regulations 
                promulgated by the Secretary which would provide for 
                the verification of tuna products as dolphin safe.''.
    (i) Subsection (d) of the Dolphin Protection Consumer Information 
Act (16 U.S.C. 1385(d)) is amended further by adding the following new 
paragraphs:
            ``(3) For purposes of paragraph (1)(C), tuna or a tuna 
        product that contains tuna harvested outside the eastern 
        tropical Pacific Ocean by a fishing vessel using purse seine 
        nets is dolphin safe if--
                    ``(A) it is accompanied by a written statement 
                executed by the captain of the vessel certifying that 
                no purse seine net was intentionally deployed on or to 
                encircle dolphins during the particular voyage on which 
                the tuna was harvested; or
                    ``(B) in any fishing in which the Secretary has 
                determined that a regular and significant association 
                occurs between marine mammals and tuna, it is 
                accompanied by a written statement executed by the 
                captain of the vessel and an observer, certifying that 
                no purse seine net was intentionally deployed on or to 
                encircle marine mammals during the particular voyage on 
                which the tuna was harvested.
            ``(4) For purposes of paragraph (1)(D), tuna or a tuna 
        product that contains tuna harvested in a fishery identified by 
        the Secretary as having a regular and significant incidental 
        mortality or serious injury of marine mammals is dolphin safe 
        if it is accompanied by a written statement executed by the 
        captain of the vessel and, where determined to be practicable 
        by the Secretary, an observer participating in a national or 
        international program acceptable to the Secretary certifying 
        that no marine mammals were killed or seriously injured in the 
        course of the fishing operation or operations in which the tuna 
        were caught.
            ``(5) No tuna product may be labeled with any reference to 
        dolphins, porpoises, or marine mammals, except as dolphin safe 
        in accordance with this subsection.''.
    (j) Subsection (f) of the Dolphin Protection Consumer Information 
Act (16 U.S.C. 1385(f)) is amended to read as follows:
    ``(f) Regulations.--
            ``(1) In general.--The Secretary, in consultation with the 
        Secretary of the Treasury, shall issue regulations to implement 
        this section not later than 6 months after the effective date 
        of the International Dolphin Conservation Program Act.
            ``(2) Tracking Regulations.--Within 3 months after the date 
        of enactment of the International Dolphin Conservation Program 
        Act, the Secretary, in consultation with the Secretary of the 
        Treasury, shall issue regulations to establish a domestic 
        tracking and verification program that provides for the 
        effective tracking of tuna labeled under subsection (d). In the 
        development of these regulations, the Secretary shall establish 
        appropriate procedures for ensuring the confidentiality of 
        proprietary information the submission of which is voluntary or 
        mandatory. The regulations shall include provisions that 
        address each of the following items:
            ``(1) the use of weight calculation for purposes of 
        tracking tuna caught, landed, processed, and exported;
            ``(2) additional measures to enhance current observer 
        coverage, including the establishment of criteria for training, 
        and for improving monitoring and reporting capabilities and 
        procedures;
            ``(3) the designation of well location, procedures for 
        sealing holds, procedures for monitoring and certifying both 
        above and below deck, or through equally effective methods, the 
        tracking and verification of tuna labeled under subsection (d);
            ``(4) the reporting, receipt, and database storage of radio 
        and facsimile transmittals from fishing vessels containing 
        information related to the tracking and verification of tuna, 
        and the definition of set;
            ``(5) the shore-based verification and tracking throughout 
        the fishing, transshipment, and canning process by means of 
        Inter-American Tropical Tuna Commission trip records or 
        otherwise;
            ``(6) the use of periodic audits and spot checks for 
        caught, landed, and processed tuna products labeled in 
        accordance with subsection (d); and
            ``(7) the provision of timely access to data required under 
        this subsection by the Secretary from harvesting nations to 
        undertake the actions required in paragraph (6) of this 
        subsection.
The Secretary may make such adjustments as may be appropriate to the 
regulations promulgated under this subsection to implement an 
international tracking and verification program that meets or exceeds 
the minimum requirements established by the Secretary under this 
subsection.''.

SEC. 5. AMENDMENTS TO TITLE III.

    (a) The heading of title III is amended to read as follows:

       ``TITLE III--INTERNATIONAL DOLPHIN CONSERVATION PROGRAM''.

    (b) Section 301 (16 U.S.C. 1411) is amended--
            (1) by striking paragraph (4) of subsection (a) and 
        inserting the following:
            ``(4) Nations harvesting yellowfin tuna in the eastern 
        tropical Pacific Ocean have demonstrated their willingness to 
        participate in appropriate multilateral agreements to reduce 
        dolphin mortality progressively to a level approaching zero 
        through the setting of annual limits, with the goal of 
        eliminating, dolphin mortality in that fishery. Recognition of 
        the International Dolphin Conservation Program will assure that 
        the existing trend of reduced dolphin mortality continues; that 
        individual stocks of dolphins are adequately protected; and 
        that the goal of eliminating all dolphin mortality continues to 
        be a priority.''; and
            (2) by striking paragraphs (2) and (3) of subsection (b) 
        and inserting the following:
            ``(2) support the International Dolphin Conservation 
        Program and efforts within the Program to reduce, with the goal 
        of eliminating, the mortality referred to in paragraph (1);
            ``(3) ensure that the market of the United States does not 
        act as an incentive to the harvest of tuna caught with 
        driftnets or caught by purse seine vessels in the eastern 
        tropical Pacific Ocean not operating in compliance with the 
        International Dolphin Conservation Program;''.
    (c) Section 302 (16 U.S.C. 1412) is amended to read as follows:

``SEC. 302. AUTHORITY OF THE SECRETARY.

    ``(a) Regulations.--
            ``(1) The Secretary shall issue regulations to implement 
        the International Dolphin Conservation Program.
            ``(2)(A) Not later than 3 months after the effective date 
        of the International Dolphin Conservation Program Act, the 
        Secretary shall issue regulations to authorize and govern the 
        taking of marine mammals in the eastern tropical Pacific Ocean, 
        including any species of marine mammal designated as depleted 
        under this Act but not listed as endangered or threatened under 
        the Endangered Species Act (16 U.S.C. 1531 et seq.), by vessels 
of the United States participating in the International Dolphin 
Conservation Program.
                    ``(B) Regulations issued under this section shall 
                include provisions--
                            ``(i) requiring observers on each vessel;
                            ``(ii) requiring use of the backdown 
                        procedure or other procedures equally or more 
                        effective in avoiding mortality of marine 
                        mammals in fishing operations;
                            ``(iii) prohibiting intentional sets on 
                        stocks and schools in accordance with the 
                        International Dolphin Conservation Program;
                            ``(iv) requiring the use of special 
                        equipment, including dolphin safety panels in 
                        nets, monitoring devices as identified by the 
                        International Dolphin Conservation Program to 
                        detect unsafe fishing conditions that may cause 
                        high incidental dolphin mortality before nets 
                        are deployed by a tuna vessel, operable rafts, 
                        speedboats with towing bridles, floodlights in 
                        operable condition, and diving masks and 
                        snorkels;
                            ``(v) ensuring that the backdown procedure 
                        during sets of purse seine net on marine 
                        mammals is completed and rolling of the net to 
                        sack up has begun no later than 30 minutes 
                        before sundown;
                            ``(vi) banning the use of explosive devices 
                        in all purse seine operations;
                            ``(vii) establishing per vessel maximum 
                        annual dolphin mortality limits, total dolphin 
                        mortality limits and per-stock per-year 
                        mortality limits in accordance with the 
                        International Dolphin Conservation Program;
                            ``(viii) preventing the making of 
                        intentional sets on dolphins after reaching 
                        either the vessel maximum annual dolphin 
                        mortality limits, total dolphin mortality 
                        limits, or per-stock per-year mortality limits;
                            ``(ix) preventing the fishing on dolphins 
                        by a vessel without an assigned vessel dolphin 
                        mortality limit;
                            ``(x) allowing for the authorization and 
                        conduct of experimental fishing operations, 
                        under such terms and conditions as the 
                        Secretary may prescribe, for the purpose of 
                        testing proposed improvements in fishing 
                        techniques and equipment that may reduce or 
                        eliminate dolphin mortality or do not require 
                        the encirclement of dolphins in the course of 
                        commercial yellowfin tuna fishing;
                            ``(xi) authorizing fishing with the area 
                        covered by the International Dolphin 
                        Conservation Program by vessels of the United 
                        States without the use of special equipment or 
                        nets if the vessel takes an observer and does 
                        not intentionally deploy nets on, or encircle, 
                        dolphins, under such terms and conditions as 
                        the Secretary may prescribe; and
                            ``(xii) containing such other restrictions 
                        and requirements as the Secretary determines 
                        are necessary to implement the International 
                        Dolphin Conservation Program with respect to 
                        vessels of the United States.
                    ``(C) Adjustments to requirements.--The Secretary 
                may make such adjustments as may be appropriate to 
                requirements of subparagraph (B) that pertain to 
                fishing gear, vessel equipment, and fishing practices 
                to the extent the adjustments are consistent with the 
                International Dolphin Conservation Program.
    ``(b) Consultation.--In developing any regulation under this 
section, the Secretary shall consult with the Secretary of State, the 
Marine Mammal Commission and the United States Commissioners to the 
Inter-American Tropical Tuna Commission appointed under section 3 of 
the Tuna Conventions Act of 1950 (16 U.S.C. 952).
    ``(c) Emergency Regulations.--
            ``(1) If the Secretary determines, on the basis of the best 
        scientific information available (including research conducted 
        under subsection (d) and information obtained under the 
        International Dolphin Conservation Program) that the incidental 
        mortality and serious injury of marine mammals authorized under 
        this title is having, or is likely to have, a significant 
        adverse effect on a marine mammal stock or species, the 
        Secretary shall--
                    ``(A) notify the Inter-American Tropical Tuna 
                Commission of his or her findings, along with 
                recommendations to the Commission as to actions 
                necessary to reduce incidental mortality and serious 
                injury and mitigate such adverse impact; and
                    ``(B) prescribe emergency regulations to reduce 
                incidental mortality and serious injury and mitigate 
                such adverse impact.
            ``(2) Before taking action under subparagraph (A) or (B) of 
        paragraph (1), the Secretary shall consult with the Secretary 
        of State, the Marine Mammal Commission, and the United States 
        Commissioners to the Inter-American Tropical Tuna Commission.
            ``(3) Emergency regulations prescribed under this 
        subsection--
                    ``(A) shall be published in the Federal Register, 
                together with an explanation thereof;
                    ``(B) shall remain in effect for the duration of 
                the applicable fishing year; and
                    ``(C) may be terminated by the Secretary at an 
                earlier date by publication in the Federal Register of 
                a notice of termination if the Secretary determines 
                that the reasons for the emergency action no longer 
                exist.
            ``(4) If the Secretary finds that the incidental mortality 
        and serious injury of marine mammals in the yellowfin tuna 
        fishery in the eastern tropical Pacific Ocean is continuing to 
        have a significant adverse impact on a stock or species, the 
        Secretary may extend the emergency regulations for such 
        additional periods as may be necessary.
            ``(5) Within 120 days after the Secretary notifies the 
        United States Commissioners to the Inter-American Tropical Tuna 
        Commission of the Secretary's findings under paragraph (1)(A), 
        the United States Commissioners shall call for a special 
        meeting of the Commission to address the problem described in 
        the findings. The Commissioners shall report the results of the 
        special meeting in writing to the Secretary and to the 
        Secretary of State. In their report, the Commissioners shall--
                    ``(A) include a description of the actions taken by 
                the harvesting nations or under the International 
                Dolphin Conservation Program to reduce the incidental 
                mortality and serious injury and measures to mitigate 
                the adverse impact on the marine mammal species or 
                stock;
                    ``(B) indicate whether, in their judgment, the 
                actions taken address the problem adequately; and
                    ``(C) if they indicate that the actions taken do 
                not address the problem adequately, include 
                recommendations of such additional action to be taken 
                as may be necessary.
    ``(d) Research.--
            ``(1) In general.--The Secretary shall, in cooperation with 
        the nations participating in the International Dolphin 
        Conservation Program and with the Inter-American Tropical Tuna 
        Commission, undertake or support appropriate scientific 
        research to further the goals of the International Dolphin 
        Conservation Program.
            ``(2) Specific areas of research.--Research carried out 
        under paragraph (1)--
                    ``(A) may include projects to devise cost-effective 
                fishing methods and gear so as to reduce, with the goal 
                of eliminating, the incidental mortality and serious 
                injury of marine mammals in connection with commercial 
                purse seine fishing in the eastern tropical Pacific 
                Ocean;
                    ``(B) may include projects to develop cost-
                effective methods of fishing for mature yellowfin tuna 
                without setting nets on dolphins or other marine 
                mammals;
                    ``(C) may include projects to carry out stock 
                assessments for those marine mammal species and marine 
                mammal stocks taken in the purse seine fishery for 
                yellowfin tuna in the eastern tropical Pacific Ocean, 
                including species or stocks not within waters under the 
                jurisdiction of the United States;
                    ``(D) shall include projects to study the effect of 
                chase and encirclement on the health and biology of 
                dolphin and dolphin populations incidentally taken in 
                the course of purse seine fishing for yellowfin tuna in 
                the eastern tropical Pacific Ocean; and
                    ``(E) may include projects to determine the extent 
                to which the incidental take of nontarget species, 
                including juvenile tuna, occurs in the course of purse 
                seine fishing for yellowfin tuna in the eastern 
                tropical Pacific Ocean, the geographic location of the 
                incidental take, and the impact of that incidental take 
                on tuna stocks, and nontarget species.
            ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated to the Secretary $8,000,000 to be 
        used by the Secretary, acting through the National Marine 
        Fisheries Service, to carry out the research described in 
        paragraph (2)(D).
            ``(4) Report.--Within 5 years after the date of enactment 
        of the International Dolphin Conservation Program Act, the 
        Secretary shall complete and submit a report containing the 
        results of the research described in paragraph (2)(D), together 
        with any recommendations the Secretary may have to offer on the 
        basis of the study, to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on Commerce of 
        the House of Representatives, and to the Inter-American 
        Tropical Tuna Commission. The Secretary shall include a 
        description of the annual activities and results of research 
        carried out under this subsection in the report required under 
        section 303.''.
    (d) Section 303 (16 U.S.C. 1413) is hereby repealed.
    (e) Section 304 (16 U.S.C. 1414) is amended to read as follows:

``SEC. 303. REPORTS BY THE SECRETARY.

    ``Notwithstanding section 103(f), the Secretary shall submit annual 
reports to the Congress which include--
            ``(1) results of research conducted pursuant to section 
        302;
            ``(2) a description of the status and trends of stocks of 
        tuna;
            ``(3) a description of the efforts to assess, avoid, 
        reduce, and minimize the bycatch of juvenile yellowfin tuna and 
        bycatch of nontarget species;
            ``(4) a description of the activities of the International 
        Dolphin Conservation Program and of the efforts of the United 
States in support of the Program's goals and objectives, including the 
protection of dolphin populations in the eastern tropical Pacific 
Ocean, and an assessment of the effectiveness of the Program;
            ``(5) actions taken by the Secretary under section 
        101(a)(2)(B) and section 101(d);
            ``(6) copies of any relevant resolutions and decisions of 
        the Inter-American Tropical Tuna Commission, and any 
        regulations promulgated by the Secretary under this title; and
            ``(7) any other information deemed relevant by the 
        Secretary.''.
    (f) Section 305 (16 U.S.C. 1415) is hereby repealed.
    (g) Section 306 (16 U.S.C. 1416) is amended to read as follows:

``SEC. 304. PERMITS.

    ``(a) In General.--
            ``(1) Consistent with the regulations issued pursuant to 
        section 302, the Secretary shall issue a permit to a vessel of 
        the United States authorizing participation in the 
        International Dolphin Conservation Program and may require a 
        permit for the person actually in charge of and controlling the 
        fishing operation of the vessel. The Secretary shall prescribe 
        such procedures as are necessary to carry out this subsection, 
        including requiring the submission of--
                    ``(A) the name and official number or other 
                identification of each fishing vessel for which a 
                permit is sought, together with the name and address of 
                the owner thereof; and
                    ``(B) the tonnage, hold capacity, speed, processing 
                equipment, and type and quantity of gear, including an 
                inventory of special equipment required under section 
                302, with respect to each vessel.
            ``(2) The Secretary is authorized to charge a fee for 
        granting an authorization and issuing a permit under this 
        section. The level of fees charged under this paragraph may not 
        exceed the administrative cost incurred in granting an 
        authorization and issuing a permit. Fees collected under this 
        paragraph shall be available to the Under Secretary of Commerce 
        for Oceans and Atmosphere for expenses incurred in granting 
        authorizations and issuing permits under this section.
            ``(3) After the effective date of the International Dolphin 
        Conservation Program Act, no vessel of the United States shall 
        operate in the yellowfin tuna fishery in the eastern tropical 
        Pacific Ocean without a valid permit issued under this section.
    ``(b) Permit Sanctions.--
            ``(1) In any case in which--
                    ``(A) a vessel for which a permit has been issued 
                under this section has been used in the commission of 
                an act prohibited under section 305;
                    ``(B) the owner or operator of any such vessel or 
                any other person who has applied for or been issued a 
                permit under this section has acted in violation of 
                section 305; or
                    ``(C) any civil penalty or criminal fine imposed on 
                a vessel, owner or operator of a vessel, or other 
                person who has applied for or been issued a permit 
                under this section has not been paid or is overdue,
        the Secretary may--
                            ``(i) revoke any permit with respect to 
                        such vessel, with or without prejudice to the 
                        issuance of subsequent permits;
                            ``(ii) suspend such permit for a period of 
                        time considered by the Secretary to be 
                        appropriate;
                            ``(iii) deny such permit; or
                            ``(iv) impose additional conditions or 
                        restrictions on any permit issued to, or 
                        applied for by, any such vessel or person under 
                        this section.
            ``(2) In imposing a sanction under this subsection, the 
        Secretary shall take into account--
                    ``(A) the nature, circumstances, extent, and 
                gravity of the prohibited acts for which the sanction 
                is imposed; and
                    ``(B) with respect to the violator, the degree of 
                culpability, any history of prior offenses, and other 
                such matters as justice requires.
            ``(3) Transfer of ownership of a vessel, by sale or 
        otherwise, shall not extinguish any permit sanction that is in 
        effect or is pending at the time of transfer of ownership. 
        Before executing the transfer of ownership of a vessel, by sale 
        or otherwise, the owner shall disclose in writing to the 
        prospective transferee the existence of any permit sanction 
        that will be in effect or pending with respect to the vessel at 
        the time of transfer.
            ``(4) In the case of any permit that is suspended for the 
        failure to pay a civil penalty or criminal fine, the Secretary 
        shall reinstate the permit upon payment of the penalty or fine 
        and interest thereon at the prevailing rate.
            ``(5) No sanctions shall be imposed under this section 
        unless there has been a prior opportunity for a hearing on the 
        facts underlying the violation for which the sanction is 
        imposed, either in conjunction with a civil penalty proceeding 
        under this title or otherwise.''.
    (h) Section 307 (16 U.S.C. 1417) is hereby redesignated as section 
305, and amended--
            (1) by striking paragraphs (1), (2), and (3) of subsection 
        (a) and inserting the following:
            ``(1) for any person to sell, purchase, offer for sale, 
        transport, or ship, in the United States, any tuna or tuna 
        product unless the tuna or tuna product is either dolphin safe 
        or has been harvested in compliance with the International 
        Dolphin Conservation Program by a country that is a member of 
        the Inter-American Tropical Tuna Commission or has initiated 
        and within 6 months thereafter completed all steps required of 
        applicant nations in accordance with Article V, paragraph 3 of 
        the Convention establishing the Inter-American Tropical Tuna 
        Commission, to become a member of that organization;
                    (B) by striking paragraph (2) and inserting in lieu 
                thereof the following:
            ``(2) except as provided for in subsection 101(d), for any 
        person or vessel subject to the jurisdiction of the United 
        States intentionally to set a purse seine net on or to encircle 
        any marine mammal in the course of tuna fishing operations in 
        the eastern tropical Pacific Ocean except in accordance with 
        this title and regulations issued under pursuant to this title; 
        and
            ``(3) for any person to import any yellowfin tuna or 
        yellowfin tuna product or any other fish or fish product in 
        violation of a ban on importation imposed under section 
        101(a)(2);'';
            (2) by inserting ``(a)(5) or'' before ``(a)(6)'' in 
        subsection (b)(2); and
            (3) by striking subsection (d).
    (i) Section 308 (16 U.S.C. 1418) is redesignated as section 306, 
and amended by striking ``303'' and inserting in lieu thereof 
``302(d)''.
    (j) Clerical Amendments.--The table of contents in the first 
section of the Marine Mammal Protection Act of 1972 is amended by 
striking the items relating to title III and inserting in lieu thereof 
the following:

        ``TITLE III--INTERNATIONAL DOLPHIN CONSERVATION PROGRAM

``Sec. 301. Findings and policy.
``Sec. 302. Authority of the Secretary.
``Sec. 303. Reports by the Secretary.
``Sec. 304. Permits.

SEC. 6. AMENDMENTS TO THE TUNA CONVENTIONS ACT.

    (a) Section 3(c) of the Tuna Conventions Act (16 U.S.C. 952(c)) is 
amended to read as follows:
    ``(c) at least one shall be either the Administrator, or an 
appropriate officer, of the National Marine Fisheries Service; and''.
    (b) Section 4 of the Tuna Conventions Act (16 U.S.C. 953) is 
amended to read as follows:

``SEC. 4. GENERAL ADVISORY COMMITTEE AND SCIENTIFIC ADVISORY 
              SUBCOMMITTEE.

    ``(a) Appointments; Public Participation; Compensation.--The 
Secretary, in consultation with the United States Commissioners, 
shall--
            ``(1) appoint a General Advisory Committee which shall be 
        composed of not less than 5 nor more than 15 persons with 
        balanced representation from the various groups participating 
        in the fisheries included under the conventions, and from 
        nongovernmental conservation organizations;
            ``(2) appoint a Scientific Advisory Subcommittee which 
        shall be composed of not less than 5 nor more than 15 qualified 
        scientists with balanced representation from the public and 
        private sectors, including nongovernmental conservation 
        organizations;
            ``(3) establish procedures to provide for appropriate 
        public participation and public meetings and to provide for the 
        confidentiality of confidential business data; and
            ``(4) fix the terms of office of the members of the General 
        Advisory Committee and Scientific Advisory Subcommittee, who 
        shall receive no compensation for their services as such 
        members.
    ``(b) Functions.--
            ``(1) General advisory committee.--The General Advisory 
        Committee shall be invited to have representatives attend all 
        nonexecutive meetings of the United States sections and shall 
        be given full opportunity to examine and to be heard on all 
        proposed programs of investigations, reports, recommendations, 
        and regulations of the Commission. The General Advisory 
        Committee may attend all meetings of the international 
        commissions to which they are invited by such commissions.
            ``(2) Scientific advisory subcommittee.--
                    ``(A) Advice.--The Scientific Advisory Subcommittee 
                shall advise the General Advisory Committee and the 
Commissioners on matters including--
                            ``(i) the conservation of ecosystems;
                            ``(ii) the sustainable uses of living 
                        marine resources related to the tuna fishery in 
                        the eastern Pacific Ocean; and
                            ``(iii) the long-term conservation and 
                        management of stocks of living marine resources 
                        in the eastern tropical Pacific Ocean.
                    ``(B) Other functions and assistance.--The 
                Scientific Advisory Subcommittee shall, as requested by 
                the General Advisory Committee, the United States 
                Commissioners, or the Secretary, perform functions and 
                provide assistance required by formal agreements 
                entered into by the United States for this fishery, 
                including the International Dolphin Conservation 
                Program. These functions may include--
                            ``(i) the review of data from the Program, 
                        including data received from the Inter-American 
                        Tropical Tuna Commission;
                            ``(ii) recommendations on research needs, 
                        including ecosystems, fishing practices, and 
                        gear technology research, including the 
                        development and use of selective, 
                        environmentally safe and cost-effective fishing 
                        gear, and on the coordination and facilitation 
                        of such research;
                            ``(iii) recommendations concerning 
                        scientific reviews and assessments required 
                        under the Program and engaging, as appropriate, 
                        in such reviews and assessments;
                            ``(iv) consulting with other experts as 
                        needed; and
                            ``(v) recommending measures to assure the 
                        regular and timely full exchange of data among 
                        the parties to the Program and each nation's 
                        National Scientific Advisory Committee (or its 
                        equivalent).
            ``(3) Attendance at meetings.--The Scientific Advisory 
        Subcommittee shall be invited to have representatives attend 
        all nonexecutive meetings of the United States sections and the 
        General Advisory Subcommittee and shall be given full 
        opportunity to examine and to be heard on all proposed programs 
        of scientific investigation, scientific reports, and scientific 
        recommendations of the commission. Representatives of the 
        Scientific Advisory Subcommittee may attend meetings of the 
        Inter-American Tropical Tuna Commission in accordance with the 
        rules of such Commission.''.
    (c) Bycatch Reduction.--The Tuna Conventions Act (16 U.S.C. 951 et 
seq.) is amended by adding at the end thereof the following:

``SEC. 15. REDUCTION OF BYCATCH IN THE EASTERN TROPICAL PACIFIC OCEAN.

    ``The Secretary of State, acting through the United States 
Commissioners, shall take the necessary steps to establish standards 
and measures for a bycatch reduction program for vessels fishing for 
yellowfin tuna in the eastern tropical Pacific Ocean. The bycatch 
reduction program shall include measures--
            ``(1) to require, to the maximum extent practicable, that 
        sea turtles and other threatened species and endangered species 
        are released alive;
            ``(2) to reduce, to the maximum extent practicable, the 
        harvest of nontarget species;
            ``(3) to reduce, to the maximum extent practicable, the 
        mortality of nontarget species; and
            ``(4) to reduce, to the maximum extent practicable, the 
        mortality of juveniles of the target species.''.

SEC. 7. EFFECTIVE DATES.

    (a) Amendments To Take Effect When IDCP in Effect.--Sections 3 
through 6 of this Act shall become effective upon certification by the 
Secretary of State to Congress that a binding resolution of the Inter-
American Tropical Tuna Commission or other legally binding instrument 
establishing the International Dolphin Conservation Program has been 
adopted and is in effect.
    (b) Special Effective Date.--Notwithstanding subsection (a), 
subsection (f)(2) of the Dolphin Protection Consumer Information Act 
(16 U.S.C. 1385(f)(2)), as added by section 4(j) of this Act takes 
effect on the date of enactment of this Act.